Standard amount of telecom fraud sentencing

The conviction standard of telecom fraud is set at 3000 yuan nationwide.

Sentencing standard:

Whoever commits the crime of telecommunication fraud shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined;

The specific standards are as follows: 1. If the amount of telecom fraud is more than 3,000 yuan, the starting point of sentencing can be determined within the range of criminal detention of more than three months and imprisonment of less than six months. For every additional 2,000 yuan, the sentence can be increased by one month to two months; 2. If the amount of telecom fraud reaches 30,000 yuan, or there are other serious circumstances, the starting point of sentencing can be determined within the range of fixed-term imprisonment of more than three years and less than four years.

Two, the amount is huge or there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined;

3. If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated.

A huge number, serious circumstances and other standards. ;

According to the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Fraud Cases, individuals who defraud public or private property of more than 2,000 yuan belong to a "large amount"; Individuals who defraud public or private property of more than 30,000 yuan belong to a "huge amount".

Individuals who defraud public or private property of more than 200,000 yuan belong to a huge amount of fraud. The huge amount of fraud is an important part of fraud, but it is not the only plot. The amount of fraud is more than 654.38+10,000 yuan, and under any of the following circumstances, it should also be considered as "the circumstances are particularly serious":

1. The ringleader of a fraud group or the principal of a major fraud crime;

2. The recidivist or fugitive crime is seriously harmful;

3. defrauding legal persons, other organizations or individuals of the means of production urgently needed, which seriously affects production or causes other serious losses;

4, defrauding disaster relief, emergency rescue, flood control, preferential treatment, relief, medical funds and materials, resulting in serious consequences;

5, squandering fraudulent property, resulting in fraudulent property can not be returned;

6, the use of fraudulent property for illegal and criminal activities;

7. Having received criminal punishment for fraud;

8. Causing death, mental disorder or other serious consequences to the victim;

9, with other serious circumstances.

The person in charge directly responsible for the unit and other directly responsible personnel commit fraud in the name of the unit, and the proceeds of fraud are owned by the unit, and the amount is more than 50,000 yuan to 654.38+10,000 yuan, and the criminal responsibility of the above-mentioned personnel shall be investigated in accordance with the provisions of Article 152 of the Criminal Law; If the amount is more than 200,000 yuan but less than 300,000 yuan, the criminal responsibility of the above-mentioned personnel shall be investigated in accordance with the provisions of Article 152 of this Law.

For the crime of * * * accomplice fraud, the amount of the crime should be determined by the amount of the perpetrator's participation in * * * accomplice fraud, and the perpetrator should be punished according to his position, role and illegal income in the crime. If the fraud has been started, but the property has not been obtained due to reasons other than the will of the perpetrator, it is an attempted fraud. Attempted fraud, if the circumstances are serious, should also be convicted and punished according to law.

Legal basis:

Article 1 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Fraud.

Those who defraud public or private property in an amount of more than 3,000 yuan but less than 10,000 yuan, more than 30,000 yuan but more than 100,000 yuan and more than 500,000 yuan are respectively deemed as "a large amount", "a huge amount" and "a particularly huge amount" as stipulated in Article 266 of the Criminal Law.

The higher people's courts and people's procuratorates of all provinces, autonomous regions and municipalities directly under the Central Government may, in combination with the economic and social development of the region, jointly study and determine the specific amount standards implemented in the region within the scope of the amount specified in the preceding paragraph, and report them to the Supreme People's Court and the Supreme People's Procuratorate for the record.

Article 2 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Fraud stipulates:

Fraud of public or private property reaches the amount standard stipulated in Article 1 of this Interpretation, and under any of the following circumstances, a heavier punishment may be imposed as appropriate in accordance with the provisions of Article 266 of the Criminal Law:

(1) Sending short messages, making phone calls or publishing false information through the Internet, radio and television, newspapers and magazines, etc., defrauding an unspecified majority;

(2) defrauding disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration, relief and medical funds and materials;

(three) fraud in the name of disaster relief fund-raising;

(four) defrauding the disabled, the elderly or the disabled;

(5) Causing the victim to commit suicide, mental disorder or other serious consequences.

If the amount of fraud is close to the standards of "huge amount" and "extremely huge amount" as stipulated in Article 1 of this Interpretation, and it falls into one of the circumstances as stipulated in the preceding paragraph or belongs to the ringleader of a fraud group, it shall be deemed as "other serious circumstances" and "other particularly serious circumstances" as stipulated in Article 266 of the Criminal Law respectively.

Article 5 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Fraud stipulates:

If the fraud is attempted, the amount is huge or there are other serious circumstances, it shall be convicted and punished.

Using telecommunications technologies such as sending short messages, making phone calls, and the Internet to defraud an unspecified majority of people, and the amount of fraud is difficult to verify. However, under any of the following circumstances, it shall be deemed as "other serious circumstances" as stipulated in Article 266 of the Criminal Law, and shall be convicted and punished for fraud (attempted):

(1) Sending more than 5,000 pieces of fraudulent information;

(2) Making fraudulent phone calls for more than 500 times;

(3) The fraudulent means are bad and the harm is serious.

If the number of acts specified in the preceding paragraph reaches more than ten times the standards specified in Items (1) and (2) of the preceding paragraph, or if the fraudulent means are particularly bad and the harm is particularly serious, it shall be deemed as "other particularly serious circumstances" as stipulated in Article 266 of the Criminal Law, and shall be convicted and punished for fraud (attempted).